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AN ACT
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relating to caregivers for certain children, including the |
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identification of caregivers for children in the conservatorship of |
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the Department of Family and Protective Services and an exception |
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from licensing requirements for certain caretakers. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 107.002(b-1), Family Code, is amended to |
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read as follows: |
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(b-1) In addition to the duties required by Subsection (b), |
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a guardian ad litem appointed for a child in a proceeding under |
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Chapter 262 or 263 shall: |
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(1) review the medical care provided to the child; |
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(2) in a developmentally appropriate manner, seek to |
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elicit the child's opinion on the medical care provided; [and] |
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(3) for a child at least 16 years of age, ascertain |
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whether the child has received the following documents: |
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(A) a certified copy of the child's birth |
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certificate; |
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(B) a social security card or a replacement |
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social security card; |
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(C) a driver's license or personal |
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identification certificate under Chapter 521, Transportation Code; |
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and |
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(D) any other personal document the Department of |
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Family and Protective Services determines appropriate; and |
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(4) seek to elicit in a developmentally appropriate |
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manner the name of any adult, particularly an adult residing in the |
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child's community, who could be a relative or designated caregiver |
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for the child and immediately provide the names of those |
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individuals to the Department of Family and Protective Services. |
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SECTION 2. Section 107.003(b), Family Code, is amended to |
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read as follows: |
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(b) In addition to the duties required by Subsection (a), an |
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attorney ad litem appointed for a child in a proceeding under |
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Chapter 262 or 263 shall: |
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(1) review the medical care provided to the child; |
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(2) in a developmentally appropriate manner, seek to |
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elicit the child's opinion on the medical care provided; [and] |
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(3) for a child at least 16 years of age: |
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(A) advise the child of the child's right to |
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request the court to authorize the child to consent to the child's |
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own medical care under Section 266.010; and |
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(B) ascertain whether the child has received the |
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following documents: |
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(i) a certified copy of the child's birth |
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certificate; |
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(ii) a social security card or a |
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replacement social security card; |
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(iii) a driver's license or personal |
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identification certificate under Chapter 521, Transportation Code; |
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and |
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(iv) any other personal document the |
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Department of Family and Protective Services determines |
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appropriate; and |
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(4) seek to elicit in a developmentally appropriate |
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manner the name of any adult, particularly an adult residing in the |
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child's community, who could be a relative or designated caregiver |
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for the child and immediately provide the names of those |
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individuals to the Department of Family and Protective Services. |
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SECTION 3. The heading to Section 261.307, Family Code, is |
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amended to read as follows: |
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Sec. 261.307. INFORMATION RELATING TO INVESTIGATION |
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PROCEDURE AND CHILD PLACEMENT RESOURCES. |
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SECTION 4. Section 261.307(a), Family Code, is amended to |
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read as follows: |
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(a) As soon as possible after initiating an investigation of |
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a parent or other person having legal custody of a child, the |
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department shall provide to the person: |
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(1) a summary that: |
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(A) is brief and easily understood; |
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(B) is written in a language that the person |
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understands, or if the person is illiterate, is read to the person |
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in a language that the person understands; and |
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(C) contains the following information: |
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(i) the department's procedures for |
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conducting an investigation of alleged child abuse or neglect, |
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including: |
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(a) a description of the |
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circumstances under which the department would request to remove |
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the child from the home through the judicial system; and |
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(b) an explanation that the law |
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requires the department to refer all reports of alleged child abuse |
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or neglect to a law enforcement agency for a separate determination |
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of whether a criminal violation occurred; |
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(ii) the person's right to file a complaint |
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with the department or to request a review of the findings made by |
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the department in the investigation; |
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(iii) the person's right to review all |
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records of the investigation unless the review would jeopardize an |
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ongoing criminal investigation or the child's safety; |
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(iv) the person's right to seek legal |
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counsel; |
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(v) references to the statutory and |
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regulatory provisions governing child abuse and neglect and how the |
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person may obtain copies of those provisions; and |
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(vi) the process the person may use to |
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acquire access to the child if the child is removed from the home; |
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(2) if the department determines that removal of the |
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child may be warranted, a proposed child placement resources form |
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that: |
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(A) instructs the parent or other person having |
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legal custody of the child to: |
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(i) complete and return the form to the |
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department or agency; [and] |
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(ii) identify in the form at least three |
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individuals who could be relative caregivers or designated |
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caregivers, as those terms are defined by Section 264.751; [and] |
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(iii) ask the child in a developmentally |
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appropriate manner to identify any adult, particularly an adult |
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residing in the child's community, who could be a relative |
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caregiver or designated caregiver for the child; and |
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(iv) list on the form the name of each |
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individual identified by the child as a potential relative |
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caregiver or designated caregiver; and |
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(B) informs the parent or other person of a |
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location that is available to the parent or other person to submit |
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the information in the form 24 hours a day either in person or by |
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facsimile machine or e-mail; and |
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(3) an informational manual required by Section |
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261.3071. |
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SECTION 5. Section 262.0022, Family Code, is amended to |
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read as follows: |
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Sec. 262.0022. REVIEW OF PLACEMENT; FINDINGS. At each |
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hearing under this chapter, the court shall review the placement of |
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each child in the temporary or permanent managing conservatorship |
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of the Department of Family and Protective Services who is not |
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placed with a relative caregiver or designated caregiver as defined |
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by Section 264.751. The court shall include in its findings a |
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statement on whether the department: |
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(1) asked the child in a developmentally appropriate |
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manner to identify any adult, particularly an adult residing in the |
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child's community, who could be a relative caregiver or designated |
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caregiver for the child; and |
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(2) has the option of placing the child with a relative |
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caregiver or [other] designated caregiver. |
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SECTION 6. Sections 262.114(a), (a-2), and (b), Family |
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Code, are amended to read as follows: |
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(a) Before a full adversary hearing under Subchapter C, the |
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Department of Family and Protective Services must perform a |
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background and criminal history check of the relatives or other |
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designated individuals identified as a potential relative or |
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designated caregiver, as defined by Section 264.751, on the |
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proposed child placement resources form provided under Section |
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261.307, including any adult identified by the child. The |
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department shall evaluate each person listed on the form to |
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determine the relative or other designated individual who would be |
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the most appropriate substitute caregiver for the child and must |
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complete a home study of the most appropriate substitute caregiver, |
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if any, before the full adversary hearing. Until the department |
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identifies a relative or other designated individual qualified to |
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be a substitute caregiver, the department must continue to explore |
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substitute caregiver options, including asking the child in a |
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developmentally appropriate manner to identify any adult, |
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particularly an adult residing in the child's community, who could |
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be a relative or designated caregiver for the child. The time |
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frames in this subsection do not apply to a relative or other |
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designated individual located in another state. |
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(a-2) If the child has not been placed with a relative or |
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other designated caregiver by the time of the full adversary |
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hearing under Section 262.201, the department shall file with the |
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court a statement that explains: |
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(1) the reasons why the department has not placed the |
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child with a relative or other designated caregiver listed on the |
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proposed child placement resources form, including any adult |
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identified by the child; and |
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(2) the actions the department is taking, if any, to |
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place the child with a relative or other designated caregiver. |
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(b) The department may place a child with a relative or |
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other designated caregiver identified on the proposed child |
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placement resources form, including any adult identified by the |
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child, if the department determines that the placement is in the |
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best interest of the child. The department must complete the |
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background and criminal history check and conduct a preliminary |
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evaluation of the relative or other designated caregiver's home |
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before the child is placed with the relative or other designated |
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caregiver. The department may place the child with the relative or |
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designated caregiver before conducting the home study required |
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under Subsection (a). Not later than 48 hours after the time that |
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the child is placed with the relative or other designated |
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caregiver, the department shall begin the home study of the |
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relative or other designated caregiver. The department shall |
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complete the home study as soon as possible unless otherwise |
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ordered by a court. The department shall provide a copy of an |
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informational manual required under Section 261.3071 to the |
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relative or other designated caregiver at the time of the child's |
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placement. |
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SECTION 7. Section 262.201, Family Code, is amended by |
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adding Subsection (l-1) to read as follows: |
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(l-1) The court shall ask all parties present at the full |
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adversary hearing whether: |
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(1) the child has had the opportunity, in a |
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developmentally appropriate manner, to identify any adult, |
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particularly an adult residing in the child's community, who could |
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be a relative or designated caregiver for the child; and |
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(2) each individual identified by the child as a |
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potential relative or designated caregiver is listed on the |
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proposed child placement resources form. |
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SECTION 8. Section 263.002(b), Family Code, is amended to |
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read as follows: |
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(b) At each permanency hearing under this chapter, the court |
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shall review the placement of each child in the temporary managing |
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conservatorship of the department who is not placed with a relative |
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caregiver or designated caregiver as defined by Section |
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264.751. The court shall include in its findings a statement |
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whether the department: |
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(1) asked the child in a developmentally appropriate |
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manner to identify any adult, particularly an adult residing in the |
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child's community, who could be a relative or designated caregiver |
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for the child; and |
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(2) placed the child with a relative or [other] |
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designated caregiver. |
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SECTION 9. Section 263.202(h), Family Code, is amended to |
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read as follows: |
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(h) If a proposed child placement resources form as |
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described by Section 261.307 has not been submitted, the court |
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shall require each parent, alleged father, or other person to whom |
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the department is required to provide a form to submit a completed |
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form. The court shall ask all parties present at the status hearing |
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whether: |
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(1) the child has had the opportunity, in a |
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developmentally appropriate manner, to identify any adult, |
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particularly an adult residing in the child's community, who could |
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be a relative or designated caregiver for the child; and |
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(2) each individual identified by the child as a |
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potential relative or designated caregiver is listed on the |
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proposed child placement resources form. |
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SECTION 10. Section 263.306(a-1), Family Code, is amended |
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to read as follows: |
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(a-1) At each permanency hearing before a final order is |
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rendered, the court shall: |
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(1) identify all persons and parties present at the |
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hearing; |
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(2) review the efforts of the department or other |
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agency in: |
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(A) locating and requesting service of citation |
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on all persons entitled to service of citation under Section |
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102.009; and |
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(B) obtaining the assistance of a parent in |
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providing information necessary to locate an absent parent, alleged |
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father, [or] relative of the child, or other adult identified by the |
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child as a potential relative or designated caregiver; |
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(3) ask all parties present whether the child or the |
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child's family has a Native American heritage and identify any |
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Native American tribe with which the child may be associated; |
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(4) review the extent of the parties' compliance with |
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temporary orders and the service plan and the extent to which |
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progress has been made toward alleviating or mitigating the causes |
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necessitating the placement of the child in foster care; |
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(5) review the permanency progress report to |
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determine: |
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(A) the safety and well-being of the child and |
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whether the child's needs, including any medical or special needs, |
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are being adequately addressed; |
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(B) the continuing necessity and appropriateness |
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of the placement of the child, including with respect to a child who |
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has been placed outside of this state, whether the placement |
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continues to be in the best interest of the child; |
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(C) the appropriateness of the primary and |
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alternative permanency goals for the child developed in accordance |
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with department rule and whether the department has made reasonable |
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efforts to finalize the permanency plan, including the concurrent |
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permanency goals, in effect for the child; |
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(D) whether the child has been provided the |
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opportunity, in a developmentally appropriate manner, to express |
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the child's opinion on any medical care provided; |
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(E) whether the child has been provided the |
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opportunity, in a developmentally appropriate manner, to identify |
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any adults, particularly an adult residing in the child's |
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community, who could be a relative or designated caregiver for the |
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child; |
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(F) for a child receiving psychotropic |
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medication, whether the child: |
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(i) has been provided appropriate |
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nonpharmacological interventions, therapies, or strategies to meet |
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the child's needs; or |
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(ii) has been seen by the prescribing |
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physician, physician assistant, or advanced practice nurse at least |
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once every 90 days; |
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(G) [(F)] whether an education decision-maker |
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for the child has been identified, the child's education needs and |
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goals have been identified and addressed, and there have been major |
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changes in the child's school performance or there have been |
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serious disciplinary events; |
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(H) [(G)] for a child 14 years of age or older, |
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whether services that are needed to assist the child in |
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transitioning from substitute care to independent living are |
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available in the child's community; and |
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(I) [(H)] for a child whose permanency goal is |
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another planned permanent living arrangement: |
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(i) the desired permanency outcome for the |
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child, by asking the child; |
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(ii) whether, as of the date of the hearing, |
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another planned permanent living arrangement is the best permanency |
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plan for the child and, if so, provide compelling reasons why it |
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continues to not be in the best interest of the child to: |
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(a) return home; |
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(b) be placed for adoption; |
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(c) be placed with a legal guardian; |
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or |
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(d) be placed with a fit and willing |
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relative; |
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(iii) whether the department has conducted |
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an independent living skills assessment under Section |
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264.121(a-3); |
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(iv) whether the department has addressed |
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the goals identified in the child's permanency plan, including the |
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child's housing plan, and the results of the independent living |
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skills assessment; |
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(v) if the youth is 16 years of age or |
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older, whether there is evidence that the department has provided |
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the youth with the documents and information listed in Section |
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264.121(e); and |
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(vi) if the youth is 18 years of age or |
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older or has had the disabilities of minority removed, whether |
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there is evidence that the department has provided the youth with |
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the documents and information listed in Section 264.121(e-1); |
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(6) determine whether to return the child to the |
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child's parents if the child's parents are willing and able to |
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provide the child with a safe environment and the return of the |
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child is in the child's best interest; |
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(7) estimate a likely date by which the child may be |
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returned to and safely maintained in the child's home, placed for |
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adoption, or placed in permanent managing conservatorship; and |
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(8) announce in open court the dismissal date and the |
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date of any upcoming hearings. |
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SECTION 11. Section 263.5031, Family Code, is amended to |
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read as follows: |
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Sec. 263.5031. PERMANENCY HEARINGS FOLLOWING FINAL ORDER. |
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At each permanency hearing after the court renders a final order, |
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the court shall: |
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(1) identify all persons and parties present at the |
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hearing; |
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(2) review the efforts of the department or other |
|
agency in notifying persons entitled to notice under Section |
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263.0021; and |
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(3) review the permanency progress report to |
|
determine: |
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(A) the safety and well-being of the child and |
|
whether the child's needs, including any medical or special needs, |
|
are being adequately addressed; |
|
(B) whether the child has been provided the |
|
opportunity, in a developmentally appropriate manner, to identify |
|
any adult, particularly an adult residing in the child's community, |
|
who could be a relative or designated caregiver for the child; |
|
(C) whether the department placed the child with |
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a relative or [other] designated caregiver and the continuing |
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necessity and appropriateness of the placement of the child, |
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including with respect to a child who has been placed outside of |
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this state, whether the placement continues to be in the best |
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interest of the child; |
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(D) [(C)] if the child is placed in institutional |
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care, whether efforts have been made to ensure that the child is |
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placed in the least restrictive environment consistent with the |
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child's best interest and special needs; |
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(E) [(D)] the appropriateness of the primary and |
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alternative permanency goals for the child, whether the department |
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has made reasonable efforts to finalize the permanency plan, |
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including the concurrent permanency goals, in effect for the child, |
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and whether: |
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(i) the department has exercised due |
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diligence in attempting to place the child for adoption if parental |
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rights to the child have been terminated and the child is eligible |
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for adoption; or |
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(ii) another permanent placement, |
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including appointing a relative as permanent managing conservator |
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or returning the child to a parent, is appropriate for the child; |
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(F) [(E)] for a child whose permanency goal is |
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another planned permanent living arrangement: |
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(i) the desired permanency outcome for the |
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child, by asking the child; |
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(ii) whether, as of the date of the hearing, |
|
another planned permanent living arrangement is the best permanency |
|
plan for the child and, if so, provide compelling reasons why it |
|
continues to not be in the best interest of the child to: |
|
(a) return home; |
|
(b) be placed for adoption; |
|
(c) be placed with a legal guardian; |
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or |
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(d) be placed with a fit and willing |
|
relative; |
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(iii) whether the department has conducted |
|
an independent living skills assessment under Section |
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264.121(a-3); |
|
(iv) whether the department has addressed |
|
the goals identified in the child's permanency plan, including the |
|
child's housing plan, and the results of the independent living |
|
skills assessment; |
|
(v) if the youth is 16 years of age or |
|
older, whether there is evidence that the department has provided |
|
the youth with the documents and information listed in Section |
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264.121(e); and |
|
(vi) if the youth is 18 years of age or |
|
older or has had the disabilities of minority removed, whether |
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there is evidence that the department has provided the youth with |
|
the documents and information listed in Section 264.121(e-1); |
|
(G) [(F)] if the child is 14 years of age or |
|
older, whether services that are needed to assist the child in |
|
transitioning from substitute care to independent living are |
|
available in the child's community; |
|
(H) [(G)] whether the child is receiving |
|
appropriate medical care and has been provided the opportunity, in |
|
a developmentally appropriate manner, to express the child's |
|
opinion on any medical care provided; |
|
(I) [(H)] for a child receiving psychotropic |
|
medication, whether the child: |
|
(i) has been provided appropriate |
|
nonpharmacological interventions, therapies, or strategies to meet |
|
the child's needs; or |
|
(ii) has been seen by the prescribing |
|
physician, physician assistant, or advanced practice nurse at least |
|
once every 90 days; |
|
(J) [(I)] whether an education decision-maker |
|
for the child has been identified, the child's education needs and |
|
goals have been identified and addressed, and there are major |
|
changes in the child's school performance or there have been |
|
serious disciplinary events; |
|
(K) [(J)] for a child for whom the department has |
|
been named managing conservator in a final order that does not |
|
include termination of parental rights, whether to order the |
|
department to provide services to a parent for not more than six |
|
months after the date of the permanency hearing if: |
|
(i) the child has not been placed with a |
|
relative or other individual, including a foster parent, who is |
|
seeking permanent managing conservatorship of the child; and |
|
(ii) the court determines that further |
|
efforts at reunification with a parent are: |
|
(a) in the best interest of the child; |
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and |
|
(b) likely to result in the child's |
|
safe return to the child's parent; and |
|
(L) [(K)] whether the department has identified |
|
a family or other caring adult who has made a permanent commitment |
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to the child. |
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SECTION 12. Section 264.751(1), Family Code, is amended to |
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read as follows: |
|
(1) "Designated caregiver" means an individual who has |
|
a longstanding and significant relationship with a child or the |
|
family of a child for whom the department has been appointed |
|
managing conservator and who: |
|
(A) is appointed to provide substitute care for |
|
the child, but is not verified by a licensed child-placing agency to |
|
operate an agency foster home under Chapter 42, Human Resources |
|
Code; or |
|
(B) is subsequently appointed permanent managing |
|
conservator of the child after providing the care described by |
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Paragraph (A). |
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SECTION 13. Section 42.041(b), Human Resources Code, as |
|
amended by Chapters 244 (H.B. 871) and 317 (H.B. 7), Acts of the |
|
85th Legislature, Regular Session, 2017, is reenacted and amended |
|
to read as follows: |
|
(b) This section does not apply to: |
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(1) a state-operated facility; |
|
(2) an agency foster home; |
|
(3) a facility that is operated in connection with a |
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shopping center, business, religious organization, or |
|
establishment where children are cared for during short periods |
|
while parents or persons responsible for the children are attending |
|
religious services, shopping, or engaging in other activities, |
|
including retreats or classes for religious instruction, on or near |
|
the premises, that does not advertise as a child-care facility or |
|
day-care center, and that informs parents that it is not licensed by |
|
the state; |
|
(4) a school or class for religious instruction that |
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does not last longer than two weeks and is conducted by a religious |
|
organization during the summer months; |
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(5) a youth camp licensed by the Department of State |
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Health Services; |
|
(6) a facility licensed, operated, certified, or |
|
registered by another state agency; |
|
(7) an educational facility that is accredited by the |
|
Texas Education Agency, the Southern Association of Colleges and |
|
Schools, or an accreditation body that is a member of the Texas |
|
Private School Accreditation Commission and that operates |
|
primarily for educational purposes for prekindergarten and above, a |
|
before-school or after-school program operated directly by an |
|
accredited educational facility, or a before-school or |
|
after-school program operated by another entity under contract with |
|
the educational facility, if the Texas Education Agency, the |
|
Southern Association of Colleges and Schools, or the other |
|
accreditation body, as applicable, has approved the curriculum |
|
content of the before-school or after-school program operated under |
|
the contract; |
|
(8) an educational facility that operates solely for |
|
educational purposes for prekindergarten through at least grade |
|
two, that does not provide custodial care for more than one hour |
|
during the hours before or after the customary school day, and that |
|
is a member of an organization that promulgates, publishes, and |
|
requires compliance with health, safety, fire, and sanitation |
|
standards equal to standards required by state, municipal, and |
|
county codes; |
|
(9) a kindergarten or preschool educational program |
|
that is operated as part of a public school or a private school |
|
accredited by the Texas Education Agency, that offers educational |
|
programs through grade six, and that does not provide custodial |
|
care during the hours before or after the customary school day; |
|
(10) a family home, whether registered or listed; |
|
(11) an educational facility that is integral to and |
|
inseparable from its sponsoring religious organization or an |
|
educational facility both of which do not provide custodial care |
|
for more than two hours maximum per day, and that offers an |
|
educational program in one or more of the following: |
|
prekindergarten through at least grade three, elementary grades, or |
|
secondary grades; |
|
(12) an emergency shelter facility, other than a |
|
facility that would otherwise require a license as a child-care |
|
facility under this section, that provides shelter or care to a |
|
minor and the minor's child or children, if any, under Section |
|
32.201, Family Code, if the facility: |
|
(A) is currently under a contract with a state or |
|
federal agency; or |
|
(B) meets the requirements listed under Section |
|
51.005(b)(3); |
|
(13) a juvenile detention facility certified under |
|
Section 51.12, Family Code, a juvenile correctional facility |
|
certified under Section 51.125, Family Code, a juvenile facility |
|
providing services solely for the Texas Juvenile Justice |
|
Department, or any other correctional facility for children |
|
operated or regulated by another state agency or by a political |
|
subdivision of the state; |
|
(14) an elementary-age (ages 5-13) recreation program |
|
operated by a municipality provided the governing body of the |
|
municipality annually adopts standards of care by ordinance after a |
|
public hearing for such programs, that such standards are provided |
|
to the parents of each program participant, and that the ordinances |
|
shall include, at a minimum, staffing ratios, minimum staff |
|
qualifications, minimum facility, health, and safety standards, |
|
and mechanisms for monitoring and enforcing the adopted local |
|
standards; and further provided that parents be informed that the |
|
program is not licensed by the state and the program may not be |
|
advertised as a child-care facility; |
|
(15) an annual youth camp held in a municipality with a |
|
population of more than 1.5 million that operates for not more than |
|
three months and that has been operated for at least 10 years by a |
|
nonprofit organization that provides care for the homeless; |
|
(16) a food distribution program that: |
|
(A) serves an evening meal to children two years |
|
of age or older; and |
|
(B) is operated by a nonprofit food bank in a |
|
nonprofit, religious, or educational facility for not more than two |
|
hours a day on regular business days; |
|
(17) a child-care facility that operates for less than |
|
three consecutive weeks and less than 40 days in a period of 12 |
|
months; |
|
(18) a program: |
|
(A) in which a child receives direct instruction |
|
in a single skill, talent, ability, expertise, or proficiency; |
|
(B) that does not provide services or offerings |
|
that are not directly related to the single talent, ability, |
|
expertise, or proficiency; |
|
(C) that does not advertise or otherwise |
|
represent that the program is a child-care facility, day-care |
|
center, or licensed before-school or after-school program or that |
|
the program offers child-care services; |
|
(D) that informs the parent or guardian: |
|
(i) that the program is not licensed by the |
|
state; and |
|
(ii) about the physical risks a child may |
|
face while participating in the program; and |
|
(E) that conducts background checks for all |
|
program employees and volunteers who work with children in the |
|
program using information that is obtained from the Department of |
|
Public Safety; |
|
(19) an elementary-age (ages 5-13) recreation program |
|
that: |
|
(A) adopts standards of care, including |
|
standards relating to staff ratios, staff training, health, and |
|
safety; |
|
(B) provides a mechanism for monitoring and |
|
enforcing the standards and receiving complaints from parents of |
|
enrolled children; |
|
(C) does not advertise as or otherwise represent |
|
the program as a child-care facility, day-care center, or licensed |
|
before-school or after-school program or that the program offers |
|
child-care services; |
|
(D) informs parents that the program is not |
|
licensed by the state; |
|
(E) is organized as a nonprofit organization or |
|
is located on the premises of a participant's residence; |
|
(F) does not accept any remuneration other than a |
|
nominal annual membership fee; |
|
(G) does not solicit donations as compensation or |
|
payment for any good or service provided as part of the program; and |
|
(H) conducts background checks for all program |
|
employees and volunteers who work with children in the program |
|
using information that is obtained from the Department of Public |
|
Safety; |
|
(20) a living arrangement in a caretaker's home |
|
involving one or more children or a sibling group, excluding |
|
children who are related to the caretaker, in which the caretaker: |
|
(A) had a prior relationship with the child or |
|
sibling group or other family members of the child or sibling group; |
|
(B) does not care for more than one unrelated |
|
child or sibling group; |
|
(C) does not receive compensation or solicit |
|
donations for the care of the child or sibling group; and |
|
(D) has a written agreement with the parent to |
|
care for the child or sibling group; |
|
(21) a living arrangement in a caretaker's home |
|
involving one or more children or a sibling group, excluding |
|
children who are related to the caretaker, in which: |
|
(A) the department is the managing conservator of |
|
the child or sibling group; |
|
(B) the department placed the child or sibling |
|
group in the caretaker's home; and |
|
(C) the caretaker had a long-standing and |
|
significant relationship with the child or sibling group, or the |
|
family of the child or sibling group, before the child or sibling |
|
group was placed with the caretaker; |
|
(22) a living arrangement in a caretaker's home |
|
involving one or more children or a sibling group, excluding |
|
children who are related to the caretaker, in which the child is in |
|
the United States on a time-limited visa under the sponsorship of |
|
the caretaker or of a sponsoring organization; |
|
(23) a facility operated by a nonprofit organization |
|
that: |
|
(A) does not otherwise operate as a child-care |
|
facility that is required to be licensed under this section; |
|
(B) provides emergency shelter and care for not |
|
more than 15 days to children 13 years of age or older but younger |
|
than 18 years of age who are victims of human trafficking alleged |
|
under Section 20A.02, Penal Code; |
|
(C) is located in a municipality with a |
|
population of at least 600,000 that is in a county on an |
|
international border; and |
|
(D) meets one of the following criteria: |
|
(i) is licensed by, or operates under an |
|
agreement with, a state or federal agency to provide shelter and |
|
care to children; or |
|
(ii) meets the eligibility requirements for |
|
a contract under Section 51.005(b)(3); [or] |
|
(24) a facility that provides respite care exclusively |
|
for a local mental health authority under a contract with the local |
|
mental health authority; or |
|
(25) [(24)] a living arrangement in a caretaker's home |
|
involving one or more children or a sibling group in which the |
|
caretaker: |
|
(A) has a written authorization agreement under |
|
Chapter 34, Family Code, with the parent of each child or sibling |
|
group to care for each child or sibling group; |
|
(B) does not care for more than six children, |
|
excluding children who are related to the caretaker; and |
|
(C) does not receive compensation for caring for |
|
any child or sibling group. |
|
SECTION 14. As soon as practicable after the effective date |
|
of this Act, the commissioner of the Department of Family and |
|
Protective Services shall adopt rules necessary to implement the |
|
changes in law made by this Act. |
|
SECTION 15. To the extent of any conflict, this Act prevails |
|
over another Act of the 86th Legislature, Regular Session, 2019, |
|
relating to nonsubstantive additions to and corrections in enacted |
|
codes. |
|
SECTION 16. This Act takes effect immediately if it |
|
receives a vote of two-thirds of all the members elected to each |
|
house, as provided by Section 39, Article III, Texas Constitution. |
|
If this Act does not receive the vote necessary for immediate |
|
effect, this Act takes effect September 1, 2019. |
|
|
|
______________________________ |
______________________________ |
|
President of the Senate |
Speaker of the House |
|
|
|
I certify that H.B. No. 3390 was passed by the House on May |
|
10, 2019, by the following vote: Yeas 132, Nays 1, 1 present, not |
|
voting; and that the House concurred in Senate amendments to H.B. |
|
No. 3390 on May 24, 2019, by the following vote: Yeas 142, Nays 0, |
|
2 present, not voting. |
|
|
|
______________________________ |
|
Chief Clerk of the House |
|
|
I certify that H.B. No. 3390 was passed by the Senate, with |
|
amendments, on May 22, 2019, by the following vote: Yeas 31, Nays |
|
0. |
|
|
|
______________________________ |
|
Secretary of the Senate |
|
APPROVED: __________________ |
|
Date |
|
|
|
__________________ |
|
Governor |